This order grants anticipatory bail to the petitioner in connection with offences under the IPC and the Coal Mines Act. The petitioner is directed to surrender within two weeks and furnish a bail bond with sureties.
Petitioner directed to surrender within two weeks and enlarge on bail on furnishing bond of Rs.25,000 with two sureties.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 7444 of 2022
Rakesh Kumar …... …. Petitioner Versus The State of Jharkhand .…. …. Opp. Party -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------For the Petitioner : Mr. Nitesh Kumar, Advocate For the State : Ms. Vandana Bharti, A.P.P --------
05/ Dated 09.12.2022
Heard the parties.
The petitioner is apprehending his arrest in connection with Giridih Mufasil P.S. Case No.80 of 2022, for the offences under Sections 414, 467, 468, 471, 120(B)/34 of the Indian Penal Code and 30 (ii) of the Coal Mines Act, pending in the court of learned S.D.J.M., Giridih.
Petitioner appears to be the owner of a truck bearing Registration No. BR-52G-2183, which was seized by the informant loaded with 44.430 tons of coal, instead of about 42.300 tons as per the challan. It was submitted that the surplus coal loaded on the truck was not due to fault of the petitioner, rather it was fault of the persons who had loaded coal on his truck. It was further submitted that petitioner had no knowledge that excess coal was loaded for transportation on his truck
Regard being had to the facts of the case; I am inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the petitioner, named above, is directed to surrender in the court below within two weeks from the date of receipt / production of a copy of this order, and in the event of his surrender in the court below, he shall be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Giridih, in connection with Giridih Mufasil P.S. Case No.80 of 2022, on the conditions as laid down under Section 438 (2) Cr.P.C.
BS/
(Ambuj Nath, J.)
1 issue framed by the court
Whether to extend the privilege of anticipatory bail to the petitioner in connection with the pending cases.
Rakesh Kumar
The State of Jharkhand
Ambuj Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
